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Stephen J. Dunn

Stephen Dunn’s Answers

1 total

  • My friend's husband died recently. He left POD accounts to his siblings and not to his wife. Can the wife contest this?

    We need to know if we have a case to fight this.

    Stephen’s Answer

    I have litigated this issue. The legal theories (depending on state) available to the wife include:

    1. The POD designation violates the wife's right to an intestate share.

    2. The POD designation was for convenience only (available in Michigan and other states).

    3. The POD designation amounts to a gift in fraud of marital rights (available in Illinois and other states).

    4. Wife has a community property interest in the POD account (available if the account was accumulated in a community property state).

    If wife litigates this case, she should at lease get a good settlement.

    See question